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What You Should Know About Reemployment Compensation

Unemployment compensation, now known as reemployment insurance, is a system for providing benefits to people who have lost their jobs due to no fault of their own. Generally, an employee who is eligible for unemployment compensation may receive a payment for up to a maximum of 26 weeks. The amount of the payment varies depending upon the person's salary, with a maximum of slightly more than $300 per week. Unemployment compensation benefits are taxable.

To qualify for benefits, a person must file a claim with the Minnesota Department of Economic Security. There is a one-week waiting period after an employee's termination from their job before a claim can be filed. The Department will contact the employer and, after hearing both sides, make an initial determination of a person's eligibility for benefits. An individual who loses a job will usually be entitled to benefits if they have worked a sufficient amount of time to qualify, and if they have not voluntarily resigned or been fired for "misconduct." "Misconduct" means intentional or wrongful behavior that goes far beyond poor job performance. Either the individual or the employer may appeal the Department's initial determination within 15 days and have a hearing before a judge, who takes evidence, makes factual findings, and then makes a determination of eligibility.

At the hearing, the parties can present evidence and testimony in support of their positions. The outcome of the hearing is subject to further appeals. A substantial number of appeals after this point, however, are unsuccessful, and the ruling by the judge is usually determinative.

If you would like more information about reemployment compensation benefits or other related subjects, please contact us through our e-mail or call 612.339.4295.

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Mansfield, Tanick & Cohen, P.A.
Attorneys at Law

1700 U.S. Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402
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Phone: 612.339.4295
Fax: 612.339.3161
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